§56-5-6. When special plea bar to relief in equity; nature of replication.
153 words·~1 min read·
/wv/chapter-56-pleading-and-practice/article-5-payment-and-setoff/56-5-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If a defendant entitled to such plea as is mentioned in the preceding section shall not tender it, or though he tender it, if it be rejected for not being offered in due time, he shall not be precluded from such relief in equity as he would have been entitled to if the preceding section had not been enacted. If an issue in fact is joined on such plea and the same be found against the defendant, he shall be barred of relief in equity upon the matters alleged in the plea, unless upon such ground as would entitle a party to relief against a judgment in other cases.
Every such issue in fact shall be upon a general replication that the plea is not true; and the plaintiff may give in evidence on such issue, any matter, which could be given in evidence under a special replication, if such replication were allowed.